A New York unpaid overtime lawsuit may be an option for eligible employees who work overtime and are not paid for the hours that they work beyond a normal workweek. If an employee feels that they have not received the overtime compensation they are due, a New York unpaid wages lawyer may be able to help them recover damages he or she deserves.
For more information, contact the Attorney Group for New York today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated New York unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is excess time worked beyond that of a normal workweek. In the United States, eligible employees who work over 40 hours in a given workweek must receive one and one-half their regular rate of pay.
Who is Eligible for Overtime Pay?
All “nonexempt” employees are eligible for overtime benefits provided for in the Fair Labor Standards Act (FLSA). Currently, employees who make less than $455 per week qualify for overtime compensation.
Occupations considered “exempt” include:
- Executive, administrative, and professional employees
- Outside sales employees
- Computer professionals
- Drivers, driver’s helpers, loaders, and mechanics
- Employees who work for seasonal or recreational establishments
In December 2016, all hourly and salaried employees who make less than $913 per week were set to be eligible for overtime pay, extending overtime coverage to more than 4 million workers in the United States, including 278,000 in New York. However, on November 22, 2016, the U.S. District Court for the Eastern District of Texas granted a preliminary injunction of the rule. In response to the injunction, the Department of Justice filed a notice to appeal the preliminary injunction on behalf of the DOL.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors are people, businesses, or other entities that work independently of the companies with which they do business. Independent contractors are not employees and do not receive overtime compensation as a regular employee would. However, an employer cannot label an employee as an independent contractor just because they want to in order to reduce payroll costs and avoid paying overtime benefits.
Factors considered when determining whether an employment relationship exists under the FLSA include:
- The extent to which the work performed is an integral part of the employer’s business
- Whether the worker’s managerial skills affect his or her opportunity for profit and loss
- The relative investments in facilities and equipment by the worker and the employer
- The worker’s skill and initiative
- The permanency of the worker’s relationship with the employer
- The nature and degree of control by the employer
If an employee thinks that they are being misclassified as an independent contractor, they may be able to file an unpaid overtime lawsuit and seek compensation for back wages.
Unpaid Overtime Lawsuits
An investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division found that a Manhattan delicatessen and its owner violated the minimum wage, overtime, and record-keeping requirements of the FLSA. As a result of the investigation, the owner was ordered to pay over $300,000 in unpaid overtime wages to 64 employees who were receiving flat weekly rates instead of the benefits provided by federal law.
According to a motion filed against the ride-share company Uber with the Judicial Panel of Multidistrict Litigation in December 2015, determinations in California and Oregon discovered that, based on their status as employees, the claimants were eligible to receive unpaid wages and repayment of expenses. Lawmakers have examined Uber’s employment policies, and unpaid overtime lawsuits have been filed in pursuit of compensation for the plaintiffs.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file a New York unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a New York Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact the Attorney Group for New York. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.